A motorist who underwent neck and arm surgery for injuries he sustained when his vehicle was struck from behind was paid a $1.05 million settlement in his Monmouth County suit, Ottaviano v. Donato, on Jan. 8.

Stefano Ottaviano, then 60, was stopped on Newman Springs Road in Shrewsbury on May 3, 2016, waiting to make a left turn onto Hance Avenue when his vehicle was rear-ended by a pickup truck operated by Anthony Donato and owned by Donato Contracting.

Ottaviano suffered orthopedic injuries to his neck and right elbow, requiring a two-level cervical fusion and right elbow surgery, said his lawyer, Norman Hobbie of Hobbie, Corrigan & DeCarlo in Eatontown. He filed suit against the company and Donato, who had borrowed the truck from a relative, Hobbie said. The driver admitted fault, saying he could not stop in time to avoid striking Ottaviano's vehicle, according to Hobbie.

The settlement of $1.05 million with Donato Contracting was reached on Dec. 18, 2019, after mediation with Thomas O'Brien. Payment was received on Jan. 8, Hobbie said.

Brian Brodowski of Zirulnik, Sherlock & DeMille in Hamilton, who represented the defendants, did not return a call about the case.

— Charles Toutant

$825,000 Bergen Auto Case

Thompson v. Galarraga: A motorist who claimed he sustained spinal injuries when he was struck by a mini-bus was paid a $825,000 settlement on Nov. 26 in his Bergen County suit.

According to counsel and court documents, on Jan. 7, 2016, plaintiff Marvin Thompson, then 52, was driving eastbound on Atlantic Avenue in Hackensack near the intersection with Railroad Avenue when he was struck by a mini-bus driven by Rigoberto Galarraga and owned by his employer, John Leckie Inc. of Hackensack, that was heading south on Railroad Avenue.

The suit claimed Galarraga failed to stop for a stop sign at the intersection. It named as a defendant Hackensack-based John Leckie Inc. The defendants denied the allegations and contended that Thompson acted negligently, according to court documents.

Thompson sustained a herniated disc, as well as three bulged discs, all at the cervical level, and after receiving pain injections and other treatment, underwent a C5-C6 discectomy and fusion with implantation of hardware, said his lawyer, Bertram Siegel of Siegel & Siegel in Teaneck.

Thompson missed six months of work from his job as a driver for a party rental company but returned to work after accumulating medical bills of approximately $300,000, Siegel said, noting that Thompson had only $15,000 in personal injury protection coverage.

A defense expert contended that Thompson's injuries resulted from a degenerative condition and not from the accident, Siegel said.

The parties settled during a session with Bergen County Superior Court Judge Robert Polifroni on Oct. 24, 2019. Court documents confirmed the $825,000 sum, which was paid on Nov. 26.

The defendants' counsel, Robert Pettoni of the Law Office of Gerald Strachan in Woodbridge, didn't respond to a call about the case.

— David Gialanella

No-Cause in Mercer UIM Case

Cataldi v. State Farm Insurance Co.: A Mercer County jury returned a defense verdict on Oct. 2, 2019, in an underinsured motorist suit resulting from a 2015 accident in Ewing.

According to counsel, on Dec. 11, 2015, plaintiff Elaine Cataldi, 57, was operating a pickup truck on Ewingville Road in Ewing. She came to a stop near the intersection with Heath Street and was rear-ended by a sedan. Cataldi claimed back injuries. Several days after the accident, Cataldi went to an emergency room; she complained of pain in her lower back. Cataldi was ultimately diagnosed with herniations at thoracic and lumbar intervertebral discs T11-12 and L4-5 and lumbar radiculopathy. Cataldi underwent chiropractic treatment, and a nerve root ablation and facet injections to her lumbar spine.

She sued her underinsured motorist carrier, State Farm Insurance Co., having settled with the tortfeasor's carrier for the liability policy limits of $15,000. Cataldi alleged she was entitled to underinsured motorist benefits from her $100,000 policy with State Farm.

The case proceeded to a trial on the issues of causation and damages. Cataldi's chiropractor and pain management physician causally related Cataldi's back injuries and treatment to the accident, and opined that she suffered permanent injuries. The defense questioned Cataldi's credibility, claiming she had prior disc bulges at L4-5 and L5-S1 and prior chronic lower back pain.

Following a three-day trial before Mercer County Superior Court Judge Robert Lougy, the seven-member jury on Oct. 2 unanimously rendered a defense verdict, finding that Cataldi did not suffer an injury from the accident.

James D. Blumenthal of Bennett, Bricklin & Saltzburg in Marlton represented State Farm. Anthony J. Vindigni of the law firm of Brandon J. Broderick represented Cataldi.

Editor's Comment: This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.

— Adapted from VerdictSearch reports